| Citation(s) |
|---|
| 1984 SLG 393 1984 SLD 393 1984 SCMR 159 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 67 of 1983, decision dated: 7-05-1983 (On appeal from the judgment and order of the Lahore High Court dated 12-01-1983 in Civil Revision No. 758-D of 1982)
S. A. NUSRAT AND MIAN BURHANUDDIN KHAN, JJ
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Civil Petition for Leave to Appeal No. 67 of 1983, decision dated: 7-05-1983 (On appeal from the judgment and order of the Lahore High Court dated 12-01-1983 in Civil Revision No. 758-D of 1982)
S. A. NUSRAT AND MIAN BURHANUDDIN KHAN, JJ
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MUMTAZ HUSSAIN
VS
. THE DISTRICT JUDGE AND others--Respondents
Law:
Section:
Constitution of Pakistan (1973)------ Art. 185(3)-Limitation Act (IX of 1908), Art. 144-Civil Procedure Code (V of 1908), S. 115-Adverse possession-High Court, in revision, rightly holding that question relating to findings of fact could not tie gone into by High Court in revision-Held, no interference by Supreme Court was called for in circumstances and petition for leave to appeal was dismissed. Nisar Ahmad Butt, Advocate instructed by S. Abid Nawaz, Advocate-on-Record for Petitioners. M. Anwar Bhinder, Advocate instructed by S. Wajid Hussain, Advocate-on-Record for Respondents. Date of hearing: 7th May, 1983. ORDER S. A. NUSRAT, J.-This petition for leave to appeal is from the judgment dated 12-1-1983 passed by a learned Single Judge of the Lahore. High Court in Civil Revision No. 758-D of 1982. The proceedings culminating in the judgment of the High Court were initiated by the petitioner through a suit in which declaration was sought by him to the effect that he had become owner of the disputed property by virtue of adverse possession. It was also averred incons1stently that the petitioner had purchased the property in suit in 1961 for a consideration of Rs. 5,000, from one Fazal Din. The respondent contested the suit and pleaded that the petitioner was a tenant under him and that the suit in question was filed as a counterblast to the ejectment proceedings already initiated by him against the petitioner. On…
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